Power of Attorney Acceptance and Refusal Rules in District of Columbia

At a glance

Requirements one by one

Covered power and response

The Act excludes health-care powers, entity voting delegations, government-purpose forms, powers coupled with an interest, powers under § 21-110 and custodial powers under § 21-2301 (§ 21-2601.03). A power executed under the chapter must be acknowledged for validity (§ 21-2601.05(b)). Subject to § 21-2601.20(b), a person must accept an acknowledged power or request permitted material no later than 7 business days after presentation (§ 21-2601.20(a)(1)).

Supporting requests and later response

The recipient may request an agent’s certification under penalty of perjury, an English translation when the power contains another language, or a counsel opinion on a legal matter with the request reason in writing or another record (§ 21-2601.19(d)). A translation or opinion is at the principal’s expense unless requested more than 7 business days after presentation (§ 21-2601.19(e)). Acceptance generally follows within 5 business days after the material arrives, subject to the refusal grounds (§ 21-2601.20(a)(2), (b)).

Refusal and remedy

Exceptions include a transaction the person need not make with the principal, federal-law inconsistency, actual knowledge of termination, refused proof, good-faith doubts about validity or authority, a specified abuse report, and actual knowledge of a charge, protection order or neglect petition involving the agent (§ 21-2601.20(b)). A person refusing in violation of the section is subject to an acceptance order and reasonable attorney’s fees and costs in the specified proceeding (§ 21-2601.20(c)).

What trips people up

A financial institution’s good-faith signature reliance carries a commercially reasonable review requirement when it maintains a signature sample or means to obtain one (§ 21-2601.19(b)). A recipient may not demand another form for authority already granted (§ 21-2601.20(a)(3)); inconsistent other law applicable to institutions or entities controls (§ 21-2601.22).

Common questions

Must a refusal be explained in writing? Section 21-2601.20 states no general written-rejection notice. A counsel-opinion request must give its reason in writing or another record (§ 21-2601.19(d)(3)).

Does an abuse-related report affect acceptance? One stated exception covers a specified report to the Adult Protective Services Division or Department of Aging and Community Living based on a good-faith belief about abuse or exploitation (§ 21-2601.20(b)(6)).

Statutes and sources

Current D.C. Council Code, accessed October 4, 2026.

D.C. Code § 21-2601.03. “This chapter applies to all powers of attorney except: (1) A power to the extent it is coupled with an interest in the subject of the power, including a power given to or for the benefit of a creditor in connection with a credit transaction; (2) A power to make health-care decisions; (3) A proxy or other delegation to exercise voting rights or management rights with respect to an entity; (4) A power created on a form prescribed by a government or governmental subdivision, agency, or instrumentality for a governmental purpose; (5) A power created pursuant to § 21-110; and (6) A custodial power of attorney under § 21-2301.” Official statute (accessed October 4, 2026).

D.C. Code § 21-2601.05. “(a) A power of attorney shall be signed by the principal or in the principal's conscious presence by another individual directed by the principal to sign the principal's name on the power of attorney. A signature on a power of attorney is presumed to be genuine if the principal acknowledges the signature before a notary public or other individual authorized by law to take acknowledgments. (b) A power of attorney executed under this chapter is not valid unless it is acknowledged before a notary public or other individual authorized by law to take acknowledgment.” Official statute (accessed October 4, 2026).

D.C. Code § 21-2601.19. “(a) For the purposes of this section and § 21-2601.20, the term "acknowledged" means purportedly verified before a notary public or other individual authorized to take acknowledgements. (b) A person that in good faith accepts an acknowledged power of attorney without actual knowledge that the signature is not genuine may rely upon the presumption under § 21-2601.05 that the signature is genuine. A good faith acceptance by a financial institution requires it to exercise commercially reasonable procedures to review the validity of the purported signature of the principal on the power of attorney, if the financial institution maintains the principal's signature, sample signature, specimen signature, signature card, or any digital or automated process to obtain an image or sample of the principal's signature for verification purposes. (c) A person that in good faith accepts an acknowledged power of attorney without actual knowledge that the power of attorney is void, invalid, or terminated, that the purported agent's authority is void, invalid, or terminated, or that the agent is exceeding or improperly exercising the agent's authority may rely upon the power of attorney as if the power of attorney were genuine, valid and still in effect, the agent's authority were genuine, valid and still in effect, and the agent had not exceeded and had properly exercised the authority. (d) A person that is asked to accept an acknowledged power of attorney may request, and rely upon, without further investigation: (1) An agent's certification under penalty of perjury of any factual matter concerning the principal, agent, or power of attorney; (2) An English translation of the power of attorney if the power of attorney contains, in whole or in part, language other than English; and (3) An opinion of counsel as to any matter of law concerning the power of attorney if the person making the request provides in writing or other record the reason for the request. (e) An English translation or an opinion of counsel requested pursuant to subsection (d)(2) and (3) of this section shall be provided at the principal's expense unless the request is made more than 7 business days after the power of attorney is presented for acceptance. (f) For purposes of this section and § 21-2601.20, a person that conducts activities through employees is without actual knowledge of a fact relating to a power of attorney, a principal, or an agent if the employee conducting the transaction involving the power of attorney is without actual knowledge of the fact. (g) Notwithstanding any other provision of the chapter, no person may rely upon a purported waiver of a principal's right to a trial by jury before a dispute has arisen.” Official statute (accessed October 4, 2026).

D.C. Code § 21-2601.20. “(a) Except as otherwise provided in subsection (b) of this section: (1) A person shall either accept an acknowledged power of attorney or request a certification, translation, or opinion of counsel under § 21-2601.19(d) no later than 7 business days after presentation of the power of attorney for acceptance; (2) If a person requests a certification, translation, or opinion of counsel under § 21-2601.19(d), the person shall accept the power of attorney no later than 5 business days after receipt of the certification, translation, or opinion of counsel under § 21-2601.19(d); and (3) A person may not require an additional or different form of power of attorney for authority granted in the power of attorney presented. (b) A person is not required to accept an acknowledged power of attorney if: (1) The person is not otherwise required to engage in a transaction with the principal in the same circumstances; (2) Engaging in a transaction with the agent or the principal in the same circumstances would be inconsistent with federal law; (3) The person has actual knowledge of the termination of the agent's authority or of the power of attorney before exercise of the power; (4) A request for certification, translation, or opinion of counsel under § 21-2601.19(d) is refused; (5) The person in good faith believes that the power is not valid or that the agent does not have the authority to perform the act requested, whether or not a certification, translation, or opinion of counsel has been requested or provided under § 21-2601.19(d); (6) The person makes, or has actual knowledge that another person has made, a report to the Adult Protective Services Division of the Department of Human Services or the Department of Aging and Community Living stating a good faith belief that the principal may be subject to physical or financial abuse, neglect, exploitation, or abandonment by the agent or a person acting for or with the agent; or (7) The person has actual knowledge that the agent has been charged with an intrafamily offense committed against the principal or if the agent has had a protection order or neglect petition entered against them at the request of or on behalf of the principal. (c) A person that refuses in violation of this section to accept an acknowledged power of attorney is subject to: (1) A court order mandating acceptance of the power of attorney; and (2) Liability for reasonable attorney's fees and costs incurred in any action or proceeding that confirms the validity of the power of attorney or mandates acceptance of the power of attorney.” Official statute (accessed October 4, 2026).

D.C. Code § 21-2601.22. “This chapter does not supersede any other law applicable to financial institutions or other entities, and the other law controls if inconsistent with this chapter.” Official statute (accessed October 4, 2026).